25 U.S.C. § 2010 : US Code - Section 2010: Uniform direct funding and support

Search 25 U.S.C. § 2010 : US Code - Section 2010: Uniform direct funding and support

(a) Establishment of system and forward funding
(1) In general
The Secretary shall establish, by regulation adopted in
accordance with section 2016 of this title, a system for the
direct funding and support of all Bureau-funded schools. Such
system shall allot funds in accordance with section 2007 of this
title. All amounts appropriated for distribution in accordance
with this section shall be made available in accordance with
paragraph (2).
(2) Timing for use of funds
(A) Availability
For the purposes of affording adequate notice of funding
available pursuant to the allotments made under section 2007 of
this title and the allotments of funds for operation and
maintenance of facilities, amounts appropriated in an
appropriations Act for any fiscal year for such allotments -
(i) shall become available for obligation by the affected
schools on July 1 of the fiscal year for which such
allotments are appropriated without further action by the
Secretary; and
(ii) shall remain available for obligation through the
succeeding fiscal year.
(B) Publications
The Secretary shall, on the basis of the amounts appropriated
as described in this paragraph -
(i) publish, not later than July 1 of the fiscal year for
which the amounts are appropriated, information indicating
the amount of the allotments to be made to each affected
school under section 2007 of this title, of 80 percent of
such appropriated amounts; and
(ii) publish, not later than September 30 of such fiscal
year, information indicating the amount of the allotments to
be made under section 2007 of this title, from the remaining
20 percent of such appropriated amounts, adjusted to reflect
the actual student attendance.
(C) Overpayments
Any overpayments made to tribal schools shall be returned to
the Secretary not later than 30 days after the final
determination that the school was overpaid pursuant to this
section.
(3) Limitation
(A) Expenditures
Notwithstanding any other provision of law (including a
regulation), the supervisor of a Bureau-operated school may
expend an aggregate of not more than $50,000 of the amount
allotted to the school under section 2007 of this title to
acquire materials, supplies, equipment, operation services,
maintenance services, and other services for the school, and
amounts received as operations and maintenance funds, funds
received from the Department of Education, or funds received
from other Federal sources, without competitive bidding if -
(i) the cost for any single item acquired does not exceed
$15,000;
(ii) the school board approves the acquisition;
(iii) the supervisor certifies that the cost is fair and
reasonable;
(iv) the documents relating to the acquisition executed by
the supervisor of the school or other school staff cite this
paragraph as authority for the acquisition; and
(v) the acquisition transaction is documented in a journal
maintained at the school that clearly identifies when the
transaction occurred, the item that was acquired and from
whom, the price paid, the quantities acquired, and any other
information the supervisor or the school board considers to
be relevant.
(B) Notice
Not later than 6 months after January 8, 2002, the Secretary
shall send notice of the provisions of this paragraph to each
supervisor of a Bureau school and associated school board
chairperson, the education line officer of each agency and
area, and the Bureau division in charge of procurement, at both
the local and national levels.
(C) Application and guidelines
The Director of the Office shall be responsible for -
(i) determining the application of this paragraph,
including the authorization of specific individuals to carry
out this paragraph;
(ii) ensuring that there is at least one such individual at
each Bureau facility; and
(iii) the provision of guidelines on the use of this
paragraph and adequate training on such guidelines.
(4) Effect of sequestration order
If a sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 reduces the amount of funds
available for allotment under section 2007 of this title for any
fiscal year by more than 7 percent of the amount of funds
available for allotment under such section during the preceding
fiscal year -
(A) to fund allotments under section 2007 of this title, the
Secretary, notwithstanding any other law, may use -
(i) funds appropriated for the operation of any Bureau-
funded school that is closed or consolidated; and
(ii) funds appropriated for any program that has been
curtailed at any Bureau school; and
(B) the Secretary may waive the application of the provisions
of section 2001(h) of this title with respect to the closure or
consolidation of a school, or the curtailment of a program at a
school, during such fiscal year if the funds described in
clauses (i) and (ii) of subparagraph (A) with respect to such
school are used to fund allotments made under section 2007 of
this title for such fiscal year.
(b) Local financial plans for expenditure of funds
(1) Plan required
Each Bureau-operated school that receives an allotment under
section 2007 of this title shall prepare a local financial plan
that specifies the manner in which the school will expend the
funds made available under the allotment and ensures that the
school will meet the accreditation requirements or standards for
the school pursuant to section 2001 of this title.
(2) Requirement
A local financial plan under paragraph (1) shall comply with
all applicable Federal and tribal laws.
(3) Preparation and revision
(A) In general
The financial plan for a school under subparagraph (A) (!1)
shall be prepared by the supervisor of the school in active
consultation with the local school board for the school.
(B) Authority of school board
The local school board for each school shall have the
authority to ratify, reject, or amend such financial plan and,
at the initiative of the local school board or in response to
the supervisor of the school, to revise such financial plan to
meet needs not foreseen at the time of preparation of the
financial plan.
(4) Role of supervisor
The supervisor of the school -
(A) shall implement the decisions of the school board
relating to the financial plan under paragraph (1);
(B) shall provide the appropriate local union representative
of the education employees of the school with copies of
proposed financial plans relating to the school and all
modifications and proposed modifications to the plans, and at
the same time submit such copies to the local school board; and
(C) may appeal any such action of the local school board to
the appropriate education line officer of the Bureau agency by
filing a written statement describing the action and the
reasons the supervisor believes such action should be
overturned.
(5) Statements
(A) In general
A copy of each statement filed under paragraph (4)(C) shall
be submitted to the local school board and such board shall be
afforded an opportunity to respond, in writing, to such appeal.
(B) Overturned actions
After reviewing such written appeal and response, the
appropriate education line officer may, for good cause,
overturn the action of the local school board.
(C) Transmission of determination
The appropriate education line officer shall transmit the
determination of such appeal in the form of a written opinion
to such board and to such supervisor identifying the reasons
for overturning such action.
(c) Tribal division of education, self-determination grant and
contract funds
The Secretary may approve applications for funding tribal
divisions of education and developing tribal codes of education,
from funds made available pursuant to section 450h(a) of this
title.
(d) Technical assistance and training
In carrying out this section, a local school board may request
technical assistance and training from the Secretary, and the
Secretary shall, to the maximum extent practicable, provide those
services and make appropriate provisions in the budget of the
Office for the provision of those services.
(e) Summer program of academic and support services
(1) Plan
(A) In general
A financial plan under subsection (b) of this section for a
school may include, at the discretion of the local
administrator and the school board of such school, a provision
for a summer program of academic and support services for
students of the school.
(B) Prevention activities
Any such program may include activities related to the
prevention of alcohol and substance abuse.
(C) Summer use
The Assistant Secretary for Indian Affairs shall provide for
the use of any such school facility during any summer in which
such use is requested.
(2) Use of other funds
Notwithstanding any other provision of law, funds authorized
under the Act of April 16, 1934 [25 U.S.C. 452 et seq.], and this
Act may be used to augment the services provided in each summer
program at the option, and under the control, of the tribe or
Indian controlled school receiving such funds.
(3) Technical assistance and program coordination
The Assistant Secretary for Indian Affairs, acting through the
Director of the Office, shall -
(A) provide technical assistance and coordination for any
program described in paragraph (1); and
(B) to the extent practicable, encourage the coordination of
such programs with any other summer programs that might benefit
Indian youth, regardless of the funding source or
administrative entity of any such program.
(f) Cooperative agreements
(1) Implementation
(A) In general
From funds allotted to a Bureau school under section 2007 of
this title, the Secretary shall, if specifically requested by
the appropriate tribal governing body, implement a cooperative
agreement that is entered into between the tribe, the Bureau,
the local school board, and a local public school district that
meets the requirements of paragraph (2) and involves the
school.
(B) Terms
The tribe, the Bureau, the school board, and the local public
school district shall determine the terms of an agreement
entered into under subparagraph (A).
(2) Coordination provisions
An agreement under paragraph (1) may, with respect to the
Bureau school and schools in the school district involved,
encompass coordination of all or any part of the following:
(A) The academic program and curriculum, unless the Bureau
school is accredited by a State or regional accrediting entity
and would not continue to be so accredited if the agreement
encompassed the program and curriculum.
(B) Support services, including procurement and facilities
maintenance.
(C) Transportation.
(3) Equal benefit and burden
(A) In general
Each agreement entered into under paragraph (1) shall confer
a benefit upon the Bureau school commensurate with the burden
assumed by the school.
(B) Limitation
Subparagraph (A) shall not be construed to require equal
expenditures, or an exchange of similar services, by the Bureau
school and schools in the school district.
(g) Product or result of student projects
Notwithstanding any other provision of law, in a case in which
there is agreement on action between the superintendent and the
school board of a Bureau-funded school, the product or result of a
project conducted in whole or in major part by a student may be
given to that student upon the completion of such project.
(h) Matching fund requirements
(1) Not considered Federal funds
Notwithstanding any other provision of law, funds received by a
Bureau-funded school under this chapter for education-related
activities (not including funds for construction, maintenance,
and facilities improvement or repair) shall not be considered
Federal funds for the purposes of a matching funds requirement
for any Federal program.
(2) Limitation
In considering an application from a Bureau-funded school for
participation in a program or project that requires matching
funds, the entity administering such program or project or
awarding such grant shall not give positive or negative weight to
such application based solely on the provisions of paragraph (1).